Personal injury advice from
Thompsons Solicitors
Industrial and Air Pollution
Air pollution can cause illness and injury, for which the affected person may be able to make a compensation claim for damages. At The Legal Line, our specialist personal injury lawyers can offer legal advice and help to recover compensation for those that need help. You can contact us on 0800 032 8511 or by completing a compensation claim enquiry form for assistance and further information.
Illness Caused by Air Pollution
Water Pollution and Land Pollution
Industrial Pollution Claims
Injury Compensation
How We Can Help
Successful Air Pollution Compensation Claims
Illness Caused by Air Pollution
The fumes, gases, dusts and particulates from air pollution can potentially cause illness and disease to those exposed, depending on their type, the level of exposure and their intensity. This sort of pollution can be brought about by various processes, such as factories, plants and demolition works, or isolated, accidental pollution incidents. Dust and smoke from businesses and construction sites can also pose a health hazard.
There are regulations in place to control emissions and waste management that companies must abide by in order to control the levels of pollution in the air. If they are not adhered to and levels of pollution reach harmful levels, people living or working nearby can suffer illness as a result.
If you are unlucky enough to fall victim to an illness or disease caused by air pollution, whether through a lack of health and safety at work or due to activity in your local area, you may have a right to make a claim for injury compensation.
Illnesses that can be caused by exposure to hazardous fumes or dust include asthma, bronchitis, fibrosis and other respiratory complaints. In addition, there can be local inflammation of the throat, windpipe, sinuses, lungs, nose and mouth of the person exposed.
Water Pollution and Land Pollution
Water Pollution
Businesses also have to comply with various regulations that control levels of water pollution. If the water supply is not kept to recommended standards, bacteria or chemicals can cause a range of illnesses to those that use it.
If you develop an illness due to the negligence of someone else, it is always advisable to seek legal advice from a specialist solicitor at the earliest opportunity, as you may be entitled to compensation. It is also important to notify your environmental health officer, so that they may take steps to investigate the matter.
Land Pollution
Land is considered to be polluted, or contaminated, if it contains hazardous substances at a high enough level to be harmful to humans if they come into contact with the skin, are inhaled or are swallowed.
In general, land that is contaminated tends to have previously been used for industrial purposes. The most common activities that can cause land contamination include:
Chemical plants
Power stations
Use of pesticides
Waste recycling
Engineering activities
Other causes of contaminated land could be the disposal of waste, spillages, leaks or the demolition of buildings containing hazardous substances such as asbestos.
Industrial Pollution Claims
In order to establish whether a personal injury claim can be made, it is necessary to collect as much detailed information as possible.
If you develop an illness due to exposure to pollution through work, it is important to report the matter to your employers, and the occupiers if you are visiting another workplace, so that they may investigate. Employers and occupiers have to comply with certain regulations relating to safety in the workplace, including the Control of Substances Hazardous to Health Regulations (COSHH) 1988. If they fail to do so, and you suffer a personal injury or industrial disease as a result, you may have grounds for a compensation claim.
The employers or occupiers must carry out risk assessments and monitor fume levels. They must actively take steps to eliminate or reduce the pollution levels and try and eradicate the problem at the source, using personal protective breathing equipment (such as air fed masks, for example) as a last resort when all other preventative measures have failed.
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
You should therefore keep a record of your symptoms and any treatments and retain any evidence to support the exposure. It is also useful to keep details and receipts of any personal expenses that have arisen as the result of your injury or illness as well, as it may be possible to reclaim these at a later date.
If you are exposed to chemicals or other harmful agents at work, it is important to write down the name of the chemicals if possible from any labels, bottles or cartons that contained the substance. There might also be hazard data sheets or manufacturers instructions or leaflets that may be vital documents to help prove the exposure to support any claim.
Injury Compensation
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you used to be able to do before (eg, wash your car, take children to school, shopping etc). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your illness, so that these can be reclaimed. The aim is to put you back in a position financially as if the exposure to industrial pollution had never occurred.
How We Can Help
At The Legal Line, our specialist personal injury lawyers are experienced in all areas of personal injury, including claims for industrial diseases and exposure to hazardous substances.
They can provide you with expert claim advice, assistance and guidance on your potential case. This service is offered on a completely cost free, risk free basis to all of our customers, as our solicitors are able to reclaim their costs from the insurance company of the responsible party, following the claim.
Successful Air Pollution Compensation Claims
Below you will find brief details of some air pollution cases that our specialist personal injury solicitors have handled:
- In his 50’s, our client has been employed for a number of years as a
maintenance operator in a factory. There was a cooling tower close to
where he worked in the factory and he also had to walk directly past it
each day. In late 2003, he felt unwell but struggled to complete his
shift before going home. He had flu like symptoms, such as shakiness,
feeling hot and cold, sweating, nausea and general weakness, and at
first this is what he thought was wrong.
After a few days, he felt no better so went to see his GP who referred him immediately to the hospital, fearing our client had pneumonia. Tests confirmed that he was suffering from Legionnaire’s Disease. The source of this respiratory disease was identified as the cooling tower. Our personal injury lawyers took on the claim and eventually, after they had been taken to court to provide documents about their safety precautions, the employers admitted they were to blame
Our client continued to feel very unwell for some considerable time and it was many months before he felt able to return to work. Medical evidence suggests that the effects of Legionnaire’s Disease can manifest themselves for up to 5 years after the initial infection.
As a direct result of this work related disease, our client is still unable to do any heavy lifting or tasks such as gardening, which his wife now has to do. He still suffers with breathlessness on exertion and has difficulties walking up stairs or hills. He still has a degree of airflow obstruction.
Our personal injury lawyers, who specialise in work related illness claims, were able to secure £30,000 in compensation for our client.
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Testimonials
"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."
Charles
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